SIMPLE INVENTION CRITERIA
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2 SIMPLE INVENTION CRITERIA Now that you have an invention idea, you need to know what the simple criteria are for moving your project along. Your goal is to ultimately make money with your invention. You might want to be your own manufacturer (this method needs hundreds of thousands of dollars), or you might want to license your invention to a company (this is the most cost-productive method). In either case you need to understand certain criteria for potential success. The following is a brief outline of what UPR calls the 9 Simple Invention Criteria. Your invention won t necessarily fail if you break a few of them, but in our opinion, the more rules you keep, the more likely you are to reach your potential goal. ELIMINATE THE EMOTION: First time inventors are almost always emotionally attached to the new invention idea. They believe their invention is going to make them millions and they are very excited about the potential success. To be successful, however, an inventor must eliminate the emotions and concentrate on the business side of the invention process. (We help you with this.) THINK BIG MARKET POTENTIAL: You want your invention idea to be related with as large of the population segment as possible. For example: all homeowners, all computer users, all children, etc. These are big markets worth going after. INVENT A PRODUCT THAT CAN BE PATENTED (we help you determine its patentability): The patent is your strongest protection of your invention idea. Also, keep in mind that most manufacturers will only look at products if they are patented or patent pending. INVENT A PRODUCT THAT IS PHYSICALLY SIMPLE: The simpler the better. Is it easy to use? Is it easy to store? Is it easy to understand? These will make it easier for both manufacturers and the public to want to buy it. INVENT A PRODUCT THAT HAS REPEAT OR ADD ON SALES (if possible): If your invention is disposable, or needs to be replaced, or has the potential for additional add on sales, it will be more appealing to a potential manufacturer. The more product that can be sold, the more profit can be made. INVENT A PRODUCT THAT IS COST PRODUCTIVE TO MAKE: The lower the cost to manufacture, the lower the risk to the manufacturer, and the more likely they will be seriously interested in your product idea. Try to use existing technology whenever possible. INVENT A PRODUCT THAT IS MATERIAL PRODUCTIVE: Use materials that are common everyday items. Avoid any unknown or unusual material(s) that needs further research for production. FIND A MANUFACTURER, SEEK A LICENSING AGREEMENT (our licensing affiliate assists you): We offer a greater distribution for your product that will be greatly enhanced with a larger, more experienced company then you could start with. Therefore, your profits will be faster and potentially greater over both the long and short term. PRICE YOUR PRODUCT RIGHT: Your product must be priced right in several ways. It must be cost productive to make, and it must provide a profit to the manufacturer, the distributor, and the retailer. And then it must be priced right for the consumer to buy.
3 FAQ S Q. What is intellectual property? A. It is imagination made real. It is ownership of that part of a dream, an idea, an improvement that we can touch, see, hear, and feel. It is the physical form of an idea or concept. It is an asset just like your home, your car, or your bank account. Just like other property needs to be protected, so does intellectual property, and that is in the form of a patent. Q. What is a patent? A. A patent is a type of property right. It gives the patent holder the right, for a limited time, to exclude others from making, using, or selling the product that is patented. Thus, no one can make a product covered by the patent and compete with you! Inventions for any new useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof are patent-eligible subject matter. A patent cannot be obtained upon a mere idea, suggestion, or service related item. Patents are granted for the physical form of those ideas or concepts. There are several types of United States patents: Utility Patents Design Patents Plant Patents Provisional Application for Patents Q. Who may apply for a patent? A. The patent is granted to the inventor. The patent laws of the United States make no discrimination with respect to citizenship of the inventor. Any inventor, regardless of his/her citizenship may apply for a patent. If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person whose only contribution to the invention is financial is not a joint inventor and cannot be joined in the application. Q. What does the term patent pending or patent applied for mean? A. They are terms used by a manufacturer, seller, inventor, or other owner of the rights to the product to inform the public that an application for patent on that product is on file in the United States Patent and Trademark Office (USPTO). The law imposes a fine on those who use the terms falsely to deceive the public. Q. Do I need a patent attorney or can I do this on my own? A. The preparation of an application for patent and the conducting of the proceedings in the USPTO to obtain a patent requires the knowledge of patent law and rules and USPTO practices and procedures, as well as knowledge in the scientific or technical matters involved in the invention. Inventors may prepare their own application and file them at the USPTO themselves; HOWEVER, unless they are completely familiar with these matters, they may find considerable difficulty in obtaining their patent. It is strongly suggested that a registered patent attorney/agent prepare all the required patent documents and proceedings before the USPTO. UPR assists our clients by referring registered patent attorneys to the inventor. Q. What is a patent search? A. It is a search of the files of the USPTO of issued patents. It is best performed by a patent attorney or agent. It helps the inventor learn what patents may already exist that are similar to or exactly the same as their own.
4 PATENTS? MARKETING? LICENSING? Where do you start? Watch the company video on our website! The good news is you already have. You created something new and unique. You thought it out, and you moved forward and contacted our company. Advancing your invention idea can be a challenging, exciting and risky endeavor -- don t worry -- we are here to help you. HERE S WHAT WE CAN DO FOR YOU! 1. We offer a complete program for the first time inventor as well as experienced inventors. Our services include: 2. Patent, Trademark and protection assistance. 3. Professional invention evaluations. 4. Patent Attorneys, Patent Draftsmen, Technical Writers, Physicists (Ph.D. from Cornell University), and a full support staff. Our technical resources include individuals with a Ph.D. in Biological Sciences, a Masters Degree in Mechanical Engineering, and a Masters Degree in Biochemistry. 5. Marketing education and assistance through our affiliate, Universal Licensing, LLC. 6. Licensing Negotiations Universal Licensing, LLC. 7. Confidentiality The information you send to UPR is a trade secret, privileged and confidential. As such, it qualifies for exemption from the Freedom of Information Act under 5U.S.C. 552 (b) (4). (See Confidential Disclosure Document). 8. HERE S WHAT S INCLUDED IN THE KIT! 1. Professional Services Provided an outline of the sequence of events. 2. Nine Simple Invention Criteria & Frequently Asked Questions FAQ s (Two sided document). 3. Confidential Disclosure Document a legal and confidential document to submit your invention to us. This document includes our Statement of Confidentiality and Non-Disclosure our commitment to you regarding confidentiality. 4. HERE S HOW TO GET STARTED! 1. Complete the enclosed Confidential Disclosure Document. 2. Make two copies of the completed document. 3. Mail one copy back to yourself and keep it sealed. Keep the other copy available for reference. 4. Return the original document in the envelope provided, or fax it to FREE PRELIMINARY NEW PRODUCT REVIEW! When we receive your disclosure document, we will immediately review it and provide you with a preliminary review of the potential of your invention idea. There is no cost for this initial analysis. Invest a few minutes to properly document your idea and our experience will be available within a week. Thank you for contacting UPR. We look forward to assisting you!
5 Licensing Negotiations: The Role of the Licensing Agent Licensing Agents advance new product concepts by representing inventors and/or new inventions for sale or license in the marketplace. They serve as an intermediary between you and potential buyers of your proprietary rights. They provide inventors with assistance in direct marketing and websites and negotiate licensing agreements for our clients. Negotiating a successful license agreement is one of our major objectives. What does that really entail? There are numerous provisions for negotiations; three of the most important are: 1. COMPENSATION: What the inventor will expect to receive in the form of compensation from a manufacturer or other company who expresses interest in the invention. Negotiations can include items such as up-front payments, a complete buy-out of proprietary rights, the payment of royalties, or any combination of the three. The net result is to obtain a win-win situation for both the inventor and the interested party. 2. DURATION: This establishes how long the licensing agreement will remain in force. Some agreements are preliminary in the sense that the company wants to obtain the rights; however, they wish to test market the product first. This agreement usually lasts about one year, with the right to renegotiate or cancel after the term expires. Some licensing agreements can be negotiated for 3, 5, 7, or 10 years. Many times, a company wants to have the agreement in effect for the term of the patent. 3. TERRITORIAL RIGHTS/EXCLUSIVITY: This provision determines whether a company has the sole right for use, and/or what geographic region they may want. Some companies want worldwide rights, and others may only want certain territories such as the United States, or North American, or Europe, or Asia, etc. In addition, some companies want total exclusivity. That means that they have the sole rights to the product and no other company can make, use, or sell it. Or, it can be negotiated that the company does not have exclusive rights to the product, especially if the territorial rights are limited in scope. This would allow the inventor to negotiate with other companies, however, not within the territory originally negotiated with the first company. Phone : Address : Olney Profesional Center (Local) : Olney-Sandy Spring Rd, Ste. A Fax : Olney, MD Web : http : //
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